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Old 05-14-2009, 06:23 PM
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Join Date: May 2009
Posts: 1

NYPD Traffic Cop issued summons on Van Wyck Expressway


What is the name of your state (only U.S. law)? New York

Hey hope this helps.

I was driving southbound on the van wyck expressway, as i approached the exit my only resort was to cross over that white triangle divider, for that I am guilty. (never got to cross it completely though) obviously I first made certain that I wasnt going to crash into another car. A NYPD Traffic jeep was to my right so I slowed to let it pass and go behind him. He stomped on his brakes, blocked my path and rolled down the window and said "I know your not crossing this divider?" I said I was ,sorry, and if he could let me pass. He replied that if i did then he would issue me a summons. (I heard that they cant issue a moving violations summons) at any rate I asked again if he could gimme a break and he flipped out, asking for my license and all...bear in mind that his car was blocking all the traffice trying to exit which in my opinion was more of a hazard then what I did...then he says give me your license or Ill get the whole cavalary here...wtf? this dude was obviously power trippin but at the end of the day he issued 2 summonses 1 for a windshield, and one for ,,,get this now "Fail to comply with order" again wtf??? what order??? anyway he took almost 20 minutes to write these summonses while blocking traffic. Bear in mind at the end of the day I never crossed the divider so I never broke the law... Arggghhh...I was going to plead not guilty but then I see that they give you a court appearance,,,but cause of work thats almost impossible for me,,,money is very tight....This guy was definitely in my opinion trying to impress his female partner and power tripping...Everyone says to pay for it and forget it but this guy really needs what is coming to him, total abuse of power and endangering everyone on the Van wyck this morning.....
Can a traffic cop
1. Block your vehicles path on a highway
2. Issue a moving violations ticket
3. Issue a failure to comply with order summons ,,,does that even exist?lol

any help will be greatly appreciated thank you....What is the name of your state (only U.S. law)?
   
  #2  
Old 05-14-2009, 08:25 PM
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Join Date: Jun 2004
Posts: 7,575
Quote:
Originally Posted by Javier419 View Post
I was driving southbound on the van wyck expressway, as i approached the exit my only resort was to cross over that white triangle divider, for that I am guilty. (never got to cross it completely though) obviously I first made certain that I wasnt going to crash into another car. A NYPD Traffic jeep was to my right so I slowed to let it pass and go behind him. He stomped on his brakes, blocked my path and rolled down the window and said "I know your not crossing this divider?" I said I was ,sorry, and if he could let me pass. He replied that if i did then he would issue me a summons. (I heard that they cant issue a moving violations summons) at any rate I asked again if he could gimme a break and he flipped out, asking for my license and all...bear in mind that his car was blocking all the traffice trying to exit which in my opinion was more of a hazard then what I did...then he says give me your license or Ill get the whole cavalary here...wtf? this dude was obviously power trippin but at the end of the day he issued 2 summonses 1 for a windshield, and one for ,,,get this now "Fail to comply with order" again wtf??? what order??? anyway he took almost 20 minutes to write these summonses while blocking traffic. Bear in mind at the end of the day I never crossed the divider so I never broke the law... Arggghhh...I was going to plead not guilty but then I see that they give you a court appearance,,,but cause of work thats almost impossible for me,,,money is very tight....
First you need to distinguish what you mean by "traffic cop". You mean the old Brownies (now NYPD) who only write parking tickets? Highway 3? Local RMP car that just happened to be on the Van Wyck? The fact that you have a court appearance leads me to think its not a "Brownie" (their tickets have no court appearance, only PVB, and they can't write moving violations). Only "real" cops can give you a moving violation ticket returnable in court. So, where do you have to go? If it's Part AR2 at the Queens Blvd Criminal Courthouse, it was a "real" officer and you've got to show up yourself, or hire a lawyer to appear for you, because those are criminal charges.
Quote:
Can a traffic cop
1. Block your vehicles path on a highway
2. Issue a moving violations ticket
3. Issue a failure to comply with order summons ,,,does that even exist?lol
1. 100% yes.
2. See above. Certain cops can.
3. If it's a "real" cop, you bet. What section of law did they cite you on, 240.20? (But since this charge is one only "real" cops can write, I can pretty safely bet you are up the creek here).
Quote:
This guy was definitely in my opinion trying to impress his female partner and power tripping...Everyone says to pay for it and forget it but this guy really needs what is coming to him, total abuse of power and endangering everyone on the Van wyck this morning.....
Actually, the only one endangering people here are drivers such as yourself who feel free to ignore the traffic laws and do things like cross a divider that isn't meant to be crossed, rather than go one lousy exit farther and turn back. However, as wrong as you are, you still have a right to contest the tickets, which I strongly suggest you exercise.
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
   
  #3  
Old 05-14-2009, 08:27 PM
Senior Member
 
Join Date: Aug 2008
Location: Back in LA LA land
Posts: 1,690
Quote:
Originally Posted by Javier419 View Post
I was driving southbound on the van wyck expressway, as i approached the exit my only resort was to cross over that white triangle divider,
Why was that your only resort?

Quote:
Originally Posted by Javier419 View Post
1. Block your vehicles path on a highway
That's irrelevant to a violation that you admitted committing!

Quote:
Originally Posted by Javier419 View Post
2. Issue a moving violations ticket
He didn't issue a moving violation ticket. But better yet, if he had a citation book which complies with the requirements that a citation should include then you would think he could write it!

Quote:
Originally Posted by Javier419 View Post
3. Issue a failure to comply with order summons ,,,does that even exist?
Does this qualify in your opinion:
Quote:
VAT - Vehicle and Traffic
Title 7 - RULES OF THE ROAD
Article 23:
§ 1102. Obedience to police officers and flagpersons. No person shall
fail or refuse to comply with any lawful order or direction of any
police officer or flagperson or other person duly empowered to regulate
traffic.
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